V. BHASKARA RAO, J.

( 1 ) THE judgment in R. A. No. 168 of 1980 on the file of Chief Judge, City Small causes Court, Hyderabad, dated 1-8-1991 is assailed in this Revision Petition by the landlord. The Rent Controller allowed R. C. No. 93/80 on the sole ground of wilful default in payment of rent for the period from 18-12-1978 to 17-3-1980 and the learned Chief Judge while confirming the finding regarding wilful default in payment of rent reversed the order on the ground that the landlord is not the sole owner and a co-sharer cannot maintain the eviction petition against another co-sharer. Hence this revision petition.

( 2 ) IT is noteworthy that in the counter filed by the tenant a ground is raised that the premises originally belonged to Easwaraiah, who died intestate in the year 1964 leaving behind his widow, three sons, one of them being revision petitioner herein and four daughters one of them being Respondent No. l and that the remaining heirs of late Easwaraiah have not authorised the revision petitioner to file the eviction petition. The Revision petitioner was examined as PW. l and it has been elicited in the cross-examination that Easwaraiah died intestate leaving behind t

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